To whom it may concern 

I am writing to express the concerns of Justice Action about the Department of Corrective Services Instutional Etics Committee handling of the applications concerning HIV positive prisoners accessing the KM1 Herbal Formula Trial. 

Justice Action is concerned about how the Committee has made its decision to prevent HIV positive prisoners access to a complementary therapy trial that is freely available to other members of the community. 

Justice Action notes references to the Department's overriding duty of care to imprisoned people. However, the concerns of the Committee about the safety of the therapy seem misplaced. The Committee did not explain why they disputed the view that the trial is safe, as considered by specialist government bodies including the South Eastern Sydney Area Health Service, the NSW Medicine Information Centre and the Commonwealth Community HIV/AIDS Research Network. The Committee also did not appear to seek independent advice justifying their safety concerns. Moreover the Committee's view that the trial can be undertaken in the general community is at odds with their concerns about safety. It is also at odds with the stated mission of the Corrections Health Service to "provide medical and health care for inmates comparable to the standard of care and access provided to members of the general community". 

The faliure of the Committee to justify the grounds for their discrimination should have been made out, particularly given the importance of voluntary trials to improving the quality and quantity of the lives of people living with HIV/AIDS. Justice Action is concerned that all HIV positive people have equal access to trials of therapies. These therapies should be safe and in the case of HIV positive prisoners that is particuarly true (given the Department's duty of care). However, the Committee has failed to enunciate the relevant standard of safety they require, particularly given that it is higher than other specialist government bodies (although this should be justified). It is also concerning that the Committee seemingly made the decsiion without the benefit of independent advice from HIV/AIDS experts. 

George Selvanera  
Coordinator